Court of Appeal of California, First District, Division Five.https://leagle.com/images/logo.png
March 25, 2008.
March 25, 2008.
Attorney(s) appearing for the Case
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Amber N. Wipfler, Deputy Attorney General, for Respondent.
Picone & Defilippis and Steve M. Defilippis, San Jose, for Petitioner.
Court of Appeal of California, First District, Division Five.
NEEDHAM, J.
When the Board of Parole Hearings (Board)1 determines that a prisoner serving an indeterminate life sentence is suitable for parole, it must calculate a base term for the offense and set a parole release date. (Cal.Code Regs., tit. 15, §§ 2282, 2289, 2290.) On some cases, the time already served by the prisoner exceeds this base term. We conclude that although such...
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